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State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......of the 3rd cervical vertebra. 4. Fracture of the heart cervical vertebra. On dissection the Doctor found that the death was due to shock and haemorrhage as a result of spinal injury which was ante mortem and homicidal in nature. The Doctor further observed that injury Nos. ..Category: Criminal Law | Date: | Hits: 154
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......d at deceased Ahad causing his death. Accused Malek shot at PW 4 Somraj with a gun causing damage to his left eye. Accused Majid taking the gun from accused Alam Gazi fired at PW 3 Alauddin causing injury. PWs 1-4 and 6-11 resisted when the accused party tried to take away the dead bodies. At th..Category: Criminal Law | Date: | Hits: 80
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......g Ordinance, 1976 provides not only for trial of offences, but section 52 of the Ordinance gives special powers to the Marine Court to pay compensation not exceeding taka one lac for loss of life, injury to person and property and in case of damage to any other vessel and the same being realisab..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ......s have been promoted whose names are not in the gradation list at all. Another meeting of the Superior Selection Board will be held on 2-3-98. The writ petitioners will suffer irreparable loss and injury if the aforesaid promotions are not stayed. It was prayed that the order of promotion alread..Category: Employment/Service Law | Date: | Hits: 67
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......llenged, where the alternative remedy is not efficacious or adequate, and, where the wrong complained of is so inextricably mixed up that the High Court Division may, for the prevention of public injury and the vindication of public justice, examine that complaint. It is needless to add that t..Category: Fiscal/Taxation Law | Date: | Hits: 94
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......rue that in the instant case there is no direct evidence as to who had murdered the victim near the Mirpur Bus Stand No. 1 where the victim was found lying unconscious in a pool of blood with stab injury. On being taken to the hospital the doctor declared him dead. Death of the victim is not dis..Category: Criminal Law | Date: | Hits: 58
....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......t will be made by account payee cheque on submission of the bill in triplicate in the proforma to be supplied by the enterprise.
11. The contractor will be responsible for compensation in case of injury or disability sustained by the labourers and staff working under the contractor in course of ..
Category: Labour and Industrial Law | Date: | Hits: 163
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......ual or special damage, because every person’s land is presumed to be surrounded by a fence, and the law encircles the land with an imaginary enclosure the violation of which is essentially an injury to the possessory right inhering in the plaintiff. It is not necessary, to maintain an acti..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....258 of 1992). Judgment: ATM Afzal CJ: In this appeal by leave against an order of acquittal of the lone respondent from the charge of murder and grievous hurt passed by a Division Bench of the High Court Division by the impugned judgment and or...... cubits which, we shall see, was wrong. Then the evidence of the doctor PW 11 who held the post-mortem examination of the deceased was quoted in which the doctor, among others, described the first injury on the deceased as follows: “1. One oval wound at entrance of fir..Category: Criminal Law | Date: | Hits: 77
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......c Relief Act which reads thus: “Any person against whom a written instrument is void or voidable, who has reasonable apprehension that such instrument, if left outstanding. may cause him serious injury, may sue to have it adjudged void or voidable; and the Court, may, in its discretion, so adju..Category: Tenancy Law | Date: | Hits: 88
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......ely individuals and excluding the consideration of people as a collective and consolidated personality will be a stand taken against the Constitution. Insofar as it concerns public wrong or public injury or invasion of fundamental rights of an indeterminate number of people, any member of the pub..Category: Constitutional Law | Date: | Hits: 450
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......arent on the face of the application, where grave injustices are perpetrated or are about to be perpetrated, where denial of interim relief will lead to public mischief, grave irretrievable private injury or shake a citizen’s faith in the impartiality of public administration. But short of ..Category: Criminal Law | Date: | Hits: 119
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
.... defence of the body extends to the voluntary causing of death if the offence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be such that the informant party was carrying on or wa......blow with a dagger on the left side of the chest of Kadem Ali. PW 14 Foyez Ali came to the rescue of Kadem Ali when he was assaulted on the head by accused Abdus Samad with a lathi causing serious injury on his head and PW 14 fell down unconscious on the ground. Kadem Ali succumbed to his injuri..Category: Criminal Law | Date: | Hits: 96
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......ion in spite of itself criticizing the prosecution evidence as interested in more than one place found it possible to rely upon the evidence of PW 6 as corroborating evidence of the fact of causing injury by the appellant. Admittedly PW 6 was neither an eye-witness nor he heard anything from the..Category: Criminal Law | Date: | Hits: 104
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......art of the appellant. We considered his submission and noticed that the High Court Division left out of consideration the alleged confession of the appellant Airport Manager as he had carried some injury in his two right-hand fingers while his confession was recorded by a Magistrate, but we foun..Category: Criminal Law | Date: | Hits: 130
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......lah saw Khaleque @ on the spot in a pool of blood. PW 11 Ajija Khatun heard about death of Munir and Khaleque @ Khaled. PW 16 Abdul Kalam, a friend of Khaleque @ Khaled saw deceased running after the injury. He took the injured to Mitford Hospital and from there to Dhaka Medical College Hospital whe..Category: Criminal Law | Date: | Hits: 108
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......h started fighting with each other and that Panna Biswas escaped and ran away and the brother of the informant caught hold of Panna and at that tie Panna with 'Chora' hit on Thigh causing cut injury and thereafter he was taken to Pabna Sadar Hospital and then a First Information Report..Category: Criminal Law | Date: | Hits: 89
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....The informant while taking his breakfast heard hue and cry raised by P.W. 2 and came out of his house along with others and found the dead body of his father lying on Mustard field of one Muslem with grievous injuries on the head and other parts of the body. It was alleged that the informant came to......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 99
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ...... Samir caught hold of the deceased and took him to the courtyard of the swelling house of the informant. There accused Mashuq Mia struck at the forehead of deceased Sobhan with stone causing bleeding injury, accused Bashir also struck with another stone on the chest and other accused persons as..Category: Criminal Law | Date: | Hits: 95
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
.... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......their deposition stated that the appellants Shafiuddin Sheikh hit the right eye of the deceased by a mugur lying in his hand but from the evidence of P.W. 8 Dr, Rafiqul Islam, it appears that no such injury was found on the person of the deceased during postmortem examination. 12. It further app..Category: Criminal Law | Date: | Hits: 97
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